In the business world, many transactions and exchanges take place. Raw materials and capital flows are in constant motion on the market. In certain situations, a debtor may not be able to pay their creditor. In order to fulfill his claim, the latter takes action against the defaulting payer. This can be done amicably, otherwise he can take the case to a competent court. What solutions to consider to recover an unpaid debt?
Call a bailiff
By enlisting the expertise and services of a bailiff, you can initiate proceedings enforcement of a judgment. In fact, he alone has the power to implement the judge’s decisions. It should be noted that such a procedure can only be carried out if the order or judgment of the judge is enforceable.
Find an amicable solution
Failure to pay an invoice by the agreed date can worry a creditor. When in doubt, don’t panic! Call your customer to let them know as they may have forgotten the due date. This is the first reaction to late payment. If he doesn’t pay his claim in the coming days, draw up the bill.
Restart the unpaid bill
To maintain and build a bond of trust with your customer when they default on paying your debt, restart the unpaid bill. This step is important and can be done in three ways: by phone for a quick exchange, by email for written documentation, or by post.
Issue a formal notice
Before you take any more serious steps, send your customer a collection letter. This must be done by registered mail with acknowledgment of receipt. This document shows the nature of his obligation and the payment term you allow him. The reminder is a means of warning the customer that in case of non-payment on the agreed date you will go to court.
Initiate a judicial recovery
They tried to settle the situation amicably, but in vain, the debtor failed to meet his payment obligations. You have no choice but to go to court and demand an enforceable title. If the debtor fails to pay the amount due, a bailiff can seize goods of the same value as your claim.
Request a payment order
Creative companies can sue in court when confronted with poorly paying customers. To apply for a court order, all they have to do is send the duly completed CERFA 12948 form to the competent court. The judge then issues an order for payment in accordance with Article 1405 of the Code of Civil Procedure.
Initiate an expedited prescription procedure
In contrast to the court order, the summary provision is an adversarial procedure, i.e. the offending client is asked to defend himself against the facts approved by him. He may also deny that he owes you such an amount of money. This approach makes it possible to get a provision. If he fails to pay, you have the right to confiscate your debtor’s property with the intervention of a bailiff.
Make a payment request
The reminder is a procedure following a reminder or reminder order. This is a lawsuit in which you can seek damages or even confiscation of your client’s property. Your defaulting client is thus brought before the judge. It is a process that takes time compared to others.